20041764 Ver 4_Notice of Violation_20100628

U4 - 1-7 u4 V -3
_44 00 VJ i0aA_" 0-1
ANN?
NCDENR A')Ov 31 1
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 28, 2010
CERTIFIED MAIL #7009 0080 0000 9764 9928
RETURN RECEIPT REQUESTED
Wal-Mart Stores East, LP
Attn: Mr. Fred Lutz
Sam Walton Development Complex
2001 SE 10`h Street
Bentonville, AR 72716-4050
CERTIFIED MAIL #7009 0080 0000 9764 9935
RETURN RECEIPT REQUESTED
Shiloh Morrisville LLC
c/o USAA Real Estate Company
Attn: Mr. Phillip R. Moltz
9830 Colonnade Blvd Suite 600
San Antonio, TX 78230
Subject: DWQ Review of Responses to NOTICE OF VIOLATION (NOV-2010-WQ-0012)
for DWQ Project #04-1764, Shiloh Crossing Shopping Center, Wake County and Durham
County
Dear Messrs. Lutz and Moltz:
On March 12, 2010, the Raleigh Regional Office of the Division of Water Quality (DWQ) issued
a NOTICE OF VIOLATION (NOV-2010-WQ-0012) for DWQ Project #04-1764, for the
tract/project known as the Shiloh Crossing Shopping Center, on NC54 in Morrisville, in both
Wake and Durham Counties North Carolina. The stream on the site is an unnamed tributary to
Stirrup Iron Creek, Class C, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
In response to the NOV, DWQ received several submittals from several parties. The submittals are listed
in Attachment A. At the request of each party, DWQ met to discuss the responses. On May 26, 2010,
DWQ met with Kimley-Horn and Associates, Inc. staff who were representing Wal-Mart Stores East, LP
and on June 16, 2010, DWQ met with Soil & Environmental Consultants, PA and Priest, Craven &
Associates, Inc who were representing Shiloh Morrisville LLC.
In the NOV Requested Response section, DWQ requested nine specific items. Those items are listed
again in Attachment B as a reference.
Items #2 and #7 pertain to construction stormwater NPDES General Permit No. NCG010000 compliance
and compliance with the Division of Land Resources-delegated local erosion and sedimentation control
programs. Two devices remain as temporary skimmer basins on the site. Records were not provided to
DWQ as required by the NPDES General Permit. Please respond to these items.
In order to resolve the violations cited in the March 12, 2010 Notice of Violation, the 401 Water Quality
Certification and Buffer Authorization (DWQ Project # 04-1764) will need to be implemented on site as
approved or appropriately modified. It is the understanding of this office that a modification of 401
Water Quality Certification and Buffer Authorization is necessary due to current site specific constraints
and exceedences of approved impacts. This certification/authorization is applicable to both parties;
thereby both parties need to jointly submit this modification request together. Also, it is noted that Item
One
No hCarolina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] NakRI&
Service ) Customer
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Shiloh Crossing Shopping Center
June 28, 2010
Page 2
#3,4, 5, 6, 8 and 9 were only conceptually addressed through the NOV responses. These items will need
to be fully addressed in the 401 Certification/Buffer Authorization modification request.
This modification request is expected to be received by the 401 Wetlands Permit Unit (NC DWQ,
401 /Wetlands Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650: http://www.saw.usace.army.mil/
WETLANDS/pcn/) within 90 days of the date of this letter (September 28, 2010). If by the
aforementioned date, an appropriate modification request is not submitted, it is the intention of this office
to pursue civil penalties regarding these matters. Please note these violations are subject to civil penalties
askessments of up to $25,000 per day per violation.
VW-
Thank you for your attention to this matter. Should you have any questions regarding these matters,
contact Natalie Landry at [phone].
S ncerel
Danny Smith
Regional Supervisor
Surface Water Protection Section
Attachment A
Attachment B
cc: Raleigh RO - Water Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
,tan McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Cindy Karoly, Archdale Building - 9th Floor
USACE Raleigh Regulatory Field Office
Wake County Water Quality Div., 336 Fayetteville Street, Raleigh, NC 27602
Chris Roberts, Durham County, 120 E. Parrish St., I" Floor, Durham, NC 27701
Keith Billy, Town of Morrisville, 260 Town Hall Dr., Suite B, Morrisville, NC 27560
Austin Watts, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
Todd St. John, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
Kevin Martin, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Bradley Bowling, Priest, Craven & Assoc., 3803B Computer Dr., Raleigh, NC 27609
Attachment A
DWQ submittals received in response to the NOV.
1. On March 19, 2010, DWQ received a letter via the USPS from CT Corporation. CT Corporation
returned the documents because, "You have indicated several corporate entities represented by
CT Corporation System upon which you intend to make service. We request that you either
forward a complete set of documents for each entity, or indicate which entity you are serving."
2. On March 19, 2010, DWQ received a copy of a letter via USPS from Holly H. Alderman (Schell
Bray Aycock Abel & Livingston PLLC) addressed to Ann H. Stuart (Troutman Sanders LLP) and
Wal-Mart Stores East, LP regarding "Default under the Joint Development Agreement dated
October 18, 2006 (the "JDA") between Wal-Mart Stores East LP ("Wal-Mart") and Shiloh
Morrisville, LLC ("Shiloh").
3. On April 9, 2010, DWQ received a letter via email from Steven Mitchael (Wal-Mart) requesting
an extension for responding to the NOV. The requested date was April 30, 2010.
4. On April 16, 2010, DWQ received a letter via Federal Express from Holly Alderman (Schell Bray
Aycock Abel & Livingston PLLC) regarding "Response of Shiloh Morrisville, LLC ("Shiloh") to
Notice of Violation 2010-WQ-0012; DWQ #04-1764 issued by the North Carolina Department of
Environment and Natural Resources-Division of Water Quality ("DWQ") dated March 12, 2010
and received March 17, 2010 at 11:22 am (the "NOV"); Shiloh Crossing Shopping Center (the
"Project").
5. On April 16, 2010, DWQ received a letter via USPS from Thomas F. Craven (Priest, Craven &
Associates, Inc.) regarding "Additional Concerns, NOV-2010-WQ-0012, DWQ #04-1764 -
Shiloh Crossing, 401 Water Quality Certification Violations, Wake County and Durham County."
6. On May 4, 2010, DWQ received a letter from Austin L. Watts (Kimley-Horn and Associates,
Inc.) regarding "Wal-Mart and Sam's Club Morrisville, NC, Store #4250-00 and 6668-04, DWQ
Notice of Violation Response."
7. On June 8, 2010, DWQ received a letter via courier from Bradley Bowling (Priest, Craven &
Associates, Inc.) regarding "Shiloh Crossing-Phase One-Additional Items of Concern (NOV).
Attachment B
Requested Response Items that were listed in the March 12, 2010, NOTICE OF VIOLATION (NOV-
2010-WQ-0012).
1. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, wetlands and buffers) on the site. This documentation should
describe and quantify the impacts to those jurisdictional features and should include plans to
avoid further unauthorized stream, buffer and wetland impacts on the site.
2. Please provide documentation showing erosion and sediment control practices in full compliance
with all specifications governing the proper design, installation and operation and maintenance of
such Best Management Practices.
3. Existing stream dimensions must be maintained above and below locations of each culvert.
Provide documentation showing that Stream Impact #1 culvert has been installed in such a
manner that the original stream profiles are not altered above and below the culvert.
a. Show that the culvert has not and will not cause aggradation or erosion of the stream up
or down stream of the culvert.
b. Show that the culvert provides for continuity of water movement and can adequately
accommodate high water or flood conditions.
4. Provide documentation showing the as-built condition of the stormwater drainage system at
Stream Impact #2 and provide documentation of appropriate buffer authorizations for existing
impacts.
5. Provide a Plan that addresses non-diffuse flow in the Neuse Riparian Buffer Zones 1 and 2 for the
entire site.
6. Provide documentation that shows the final stormwater management facilities for Phase I were
constructed in accordance with the approved stormwater management plans received on May 15,
2007. Include in this documentation an As-Built for Wetland A, the wetland plantings and
associated soil conditioning for Wetland A, and verification from the engineer that the fence on
the spillway will not impede water flow or unduly block debris resulting in impeded water flow
during a large rain event.
7. Provide NPDES rainfall and BMP monitoring records for the temporary skimmer basin
(Extended Detention Pond B) that is covered under the Division of Land Resources-Delegated
Local Program Wake County Erosion and Sedimentation Control Permit program.
8. Remove the temporary skimmer basin (Extended Detention Wetland E) or convert to an extended
detention wetland.
9. Provide documentation showing the level spreaders were constructed and installed as designed.
Submit a Plan that addresses the Operation and Maintenance problems at all level spreaders,
including a timeline.